the Executive doesn't get to enact domestic legislation on a whim
It's a pity that the press (at least the Guardian online and Radio 4 lunchtime news) didn't explain the legal argument.
The Executive (in the UK quaintly called the Crown) has Prerogative to decide on foreign affairs. The Brexit Secretary's case was that membership of the EU is a foreign affair. However, only Parliament gets to pass domestic legislation. The Government's case failed because the 1972 Act and membership of the EU creates domestic rights, so it is not within "Royal" Prerogative to remove those rights without the approval of Parliament.
I am not a lawyer, but this does look like a pretty robust Judgement, so I have every hope that the Supreme Court will support it. In the highly unlikely case that the Government appeal to the CJEU, I cannot imagine that that would allow an executive to deny the supremacy of a parliament.
In fact this Judgement is another chapter in the 17th century struggle of Parliament against the Crown. A historic occasion!
In the Judgement, there are three Categories of such rights, of which (ii) includes for example my freedom of movement as a British Citizen in other EU countries.
Biting the hand that feeds IT
